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RDNH Australia www.dnj.com.au/hall-of-shame/

Discussion in 'Domain News' started by DomainNames, Jun 11, 2018.

  1. DomainNames

    DomainNames Membership: Community

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    https://dnj.com.au/launch-of-hall-of-shame/
    https://dnj.com.au/hall-of-shame/

    "
    Hall of Shame

    Welcome to the Hall of Shame. This page will display the names of Complainants who an auDRP Panel has found to have engaged in Reverse Domain Name Hijacking (RDNH). This page has been inspired by HallofShame.com.

    RDNH is becoming more prevalent as the availability and cost of premium domain names makes them harder to secure.

    What is RDNH ?
    The auDRP defines RDNH as “using the Policy in bad faith to attempt to deprive a registered domain name holder of a domain name.”. This usually happens when a Complainant has been unwilling to buy a domain name from the owner.

    The auDRP Overview summarises instances which may amount to RDNH which include (where the complainant):

    1. knew it didn’t have right in a trade mark or name upon which it relied but still made the complaint;
    2. was aware by the time the complaint was filed, had been informed of and had otherwise became aware of all the facts necessary, to determine that the domain name owner had legitimate interests in the domain name in dispute;
    3. had in communications with the domain name owner, acknowledged that the respondent had rights to the domain name;
    4. had knowledge of the domain name owners rights or legitimate interests in the domain name and engaged in harassment or similar conduct in the face of such knowledge (such as repeated threatening legal letters);
    5. known from the beginning that its rights in the domain name were not exclusive, that the domain name was generic, and that the domain name described the activities for which the domain name owner used it;
    6. knew that its trade mark was limited to a narrow class of goods / services, and that the domain name owner’s registration and use of the domain name could not, under any fair interpretation of the facts, constitute bad faith;
    7. intentionally attempted to mislead the panel by omitting relevant evidence.
    Below is a current list of Complainants who have been found to have engaged in RDNH, Shame on Them.

    Hall of Shame Members

    Adjudicate Today Pty Limited – WIPO Case No. DAU2012-0033
    RDNH lawyers Moray & Agnew


    Cairns Airport Pty Ltd – WIPO Case No. DAU2013-0023
    RDNH lawyers McCullough Robertson Lawyers

    Paessler AG – WIPO Case No. DAU2015-0030
    RDNH lawyers IP Service International Pty Ltd, Australia.

    Carman’s Fine Foods Pty Ltd – WIPO Case No. DAU2015-0041
    RDNH lawyers Ampersand Legal, Australia.

    Orient Express Travel Group Pty Ltd – WIPO Case No. DAU2015-0004
    RDNH lawyers Norgate McLean Dolphin, Australia
     
    Last edited: Jun 11, 2018
  2. DomainNames

    DomainNames Membership: Community

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    I hope DNJ.com.au will always name the RDNH Lawyers also from the cases. It is important people know who is pushing these RDNH claims and to highlight their behaviour.
     
  3. DomainNames

    DomainNames Membership: Community

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  4. snoopy

    snoopy Membership: VIP

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    Should add a section about the multiple Registrant Review Panel decisions that auDA has now lost.
     
  5. DomainNames

    DomainNames Membership: Community

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    Updated https://dnj.com.au/hall-of-shame/
    Hall of Shame Members
    [​IMG]

    Adjudicate Today Pty Limited – WIPO Case No. DAU2012-0033
    Represented by: Moray & Agnew*

    Cairns Airport Pty Ltd – WIPO Case No. DAU2013-0023
    Represented by: McCullough Robertson Lawyers*

    Paessler AG – WIPO Case No. DAU2015-0030
    Represented by: IP Service International Pty Ltd*

    Carman’s Fine Foods Pty Ltd – WIPO Case No. DAU2015-0041
    Represented by: Ampersand Legal*

    Orient Express Travel Group Pty Ltd – WIPO Case No. DAU2015-0004
    Represented by: Norgate McLean Dolphin*